Privacy Policy

Brainner Privacy Policy Last updated: January 11, 2024

Introduction

At Brainner, Inc. ("Brainner", "we", "our", "us"), we prioritize your privacy and protect it through compliance with established laws and industry standards. This Privacy Policy details our identity, our methods of personal information collection, usage, sharing, and your rights regarding privacy. If you have any inquiries or concerns about how we handle your personal information, please contact us at the contact details listed at the end of this policy. If your queries or concerns are related to a Brainner customer’s collection and use of your Personal Information, please contact that customer directly.

Scope of this policy

Brainner is a provider of cloud-based software services located principally at Delaware US, that help companies optimize their recruiting and hiring processes by automating certain resume screening tasks based on their specific criterias for each open position. Our websites, products and services are designed for businesses and their representatives. We do not offer products or services for use by individuals for their personal, family or household purposes. Accordingly, we treat all Personal Information we collect as pertaining to individuals in their capacities as business representatives and not as individual consumers.

Our customers are the controllers of the Personal Information they collect through Brainner’s Services to manage their own recruiting processes (e.g., applicant names, contact details and other data collected as part of job applications), and each customer manages that Personal Information in accordance with its own privacy policies. Brainner’s privacy commitments to our customers are governed by the customer agreement that authorizes us to collect, process, and store Personal Information on their behalf, as a processor under the EU GDPR, and a service provider under the CCPA. Brainner processes Personal Information relating to our customers’ employees and job applicants within our Services only according to our customers’ instructions (as defined in our terms of services - customer agreement ), and we have no direct relationship with the individuals whose Personal Information we process in connection with our customers’ use of our Services. For example, if you apply to a job posted on a career page of a Brainner customer, your Personal Information will be automatically processed by Brainner on behalf of that customer. However, the company you applied to is the data controller (or business, as that term is defined in the CCPA) with respect to your Personal Information, and you should contact that entity directly with any questions you may have regarding its privacy policies or data processing practices, or if you wish to modify or access your Personal Information, restrict its processing, or delete it from our Services. Brainner’s customer contracts require us to redirect any inquiries relating to the Personal Information we process on behalf of a customer back to that customer without taking any action on the request.

However, Brainner is the controller of Personal Information that we gather directly from visitors to our marketing website, www.brainner.ai; from our own job applicants; and from our dealings with customers and vendors as part of our business relationship management. This Privacy Policy details the kinds of Personal Information Brainner collects, our policies concerning the use, disclosure, and retention of that information, and outlines the options available to you regarding your rights in relation to your Personal Information.

This Privacy Policy does not apply to any third-party applications or software that can be accessed through our Website or that our customers independently elect to integrate with our Services (“Third-Party Services”). Third-Party Services are governed by the terms and privacy policies applicable to your relationship with the third party, and Brainner accepts no responsibility or liability with respect to Third-Party Services.

Information Collection

We automatically collect information such as your IP address and device ID in order to provide our services to you. We also collect information from you when you register on our site or fill out a form or upload information to the Service.

The information we may collect includes, including but not limited to:

• Name, email address, social media accounts, cover letter (if applicable), resume and job experience, education, email communications sent via our Service, or email communications that you chose to send to us or to give us administrative access to, and custom fields created by customers of our platform as well as other content a user of our platform may upload.
• Metadata related to your use of the Service, such as: when you login to the Service and how you use the Service

The sources of this collection are from job applicants or candidates directly, from customers or systems the customer has connected to Brainner, and from third party sources such as social media service providers.

Use of Personal information

Our platform serves as a candidate’s application and resume screening software for job candidates and applicants. The personal information we collect may be used for the following purposes (We will not use your personal information for any purpose not listed here without obtaining your explicit consent):

• To facilitate job postings and management by companies
• To assist companies in sourcing candidates.
• To help companies streamline the recruiting activities
• To automate certain resume screening tasks such as data extraction.
• To enable companies to manage job applicants effectively.
• To aid in scheduling interviews between companies, candidates, and interviewers.
• To personalize your user experience, tailoring our responses to meet your specific needs.
• To enhance our service continuously based on user feedback and interaction.
• To improve customer support, ensuring we address your service and support needs efficiently.

Cookies and tracking technologies

The technologies we use to track your movements around our website include cookies, tracking scripts and pixels, and tagging technologies, which we may employ to understand your preferences, improve your experience on our website, etc. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser ((if you allow, or as managed via your browser’s privacy settings or our cookie management tool)) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.

Data retention

We retain personal data for the period necessary to fulfill the purposes specified in this policy, or as required by law.

Disclosure Practices

We disclose personal information to our customers using our services for recruitment purposes. The majority of the information we collect is transferred to at least one of our paying customers for their use of our Services.

We do not sell, trade, or otherwise disclose your personal information outside the terms of this policy. However, we may share your information with trusted third parties who help us operate our website, conduct our business, or serve you, provided they commit to keeping your information confidential. Additionally, we may disclose your information when necessary to comply with legal obligations, enforce our website policies, or protect our rights, property, or safety, as well as those of others. We may transfer your personal information to another entity as part of a merger, acquisition, debt financing, sale of assets, or similar business transaction. Additionally, in the event of insolvency, bankruptcy, or receivership, your information may be transferred to one or more third parties as a business asset. We will require that these third parties use your personal information strictly in accordance with the purposes outlined in this Privacy Policy. We may share non-personally identifiable information with third parties for marketing, advertising, or other purposes. We use sub-processors to provide us with some services that are necessary to provide the features of our website.

Compliance with the California Online Privacy Protection Act

We highly value your privacy and have implemented all required measures to comply with the California Online Privacy Protection Act. Consequently, we do not share your personal information with outside parties without your explicit consent. By providing your personal information when creating an applicant or candidate profile on our platform, you are granting us permission to share this information with our customers solely for the purpose of utilizing our services.

Security measures

We care about the security of your Personal Information, and take steps including implementing appropriate technical and organizational measures to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy. The measures we use are designed to provide a level of security appropriate to the risk of processing your Personal Information. Your Consent and rights

By using our site, you consent to our privacy policy. If you do not consent to the collection and processing of the information required to be processed, we are unable to provide you with our service, and you should not use our site.

If you wish to access, correct, update or request deletion of your Personal Information, you can do so at any time by contacting us at hello@brainner.ai. If you are a job applicant, you must contact the hiring company (our customer).

Changes to this Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page and update the Privacy Policy modification date above.In the case of material changes, we will also notify you via email or through a prominent notice on our website. Policy changes will apply only to information collected after the effective date of the change.

Information for EU Residents

Brainner processes personal data exclusively based on documented instructions from our customers, and we apply GDPR standards globally where applicable, including for residents outside of the EU when required by law This includes any data transfers to third countries or international organizations, adhering to EU or Member State laws that may require such processing. If legally mandated, we inform the controller of these requirements prior to processing, unless disclosure is prohibited on significant public interest grounds.

We ensure:

• All personnel authorized to process personal data are bound by confidentiality obligations, either contractually or statutorily.
• We implement technical and organizational measures in line with Article 32 of the GDPR to secure personal data.
• Compliance with Articles 28.3 (paragraph 2) and 28.3 (paragraph 4) of the GDPR when appointing other processors.
• We make commercially reasonable efforts to assist controllers in responding to data subject rights requests as specified in Chapter III of the GDPR.
• Support for controllers in fulfilling their compliance obligations under Articles 32 to 36 of the GDPR, considering the nature of processing and information available to us.

Upon termination of services, at the controller’s direction, which can be communicated through our Service or by email to hello@brainner.ai, we will delete or return all personal data to the controller, unless required otherwise by law. We will also support and contribute to audits and inspections by the controller or their designated auditor, providing necessary information to demonstrate compliance with GDPR Article 28.3.

California Consumer Privacy Act (CCPA) Requests

If you wish to access a copy of your personal data as permitted under the California Consumer Privacy Act, please send an email with the subject line "CCPA - Data Request" to hello@brainner.ai. Include your full name, address, and last employer in your request. We are committed to verifying the identity of individuals making requests and facilitating the exercise of their rights under the CCPA. Rest assured, we do not discriminate against anyone exercising their legally protected rights.

Google API Services User Data Policy

Brainner adheres strictly to the Google API Services User Data Policy when using and transferring information obtained from Google APIs. This includes compliance with the Limited Use requirements specified by Google, ensuring that data is handled responsibly and in accordance with these guidelines.

Children’s privacy

We do not intentionally collect, maintain, or use personal information from children under the age of 13, and our website is not designed for children under 13. If you discover that your child has provided us with personal information without your consent, please contact us at hello@brainner.ai. Should we identify that we have inadvertently collected personal information from a child under 13, we will take immediate action to remove this information and deactivate any associated account.

Contacting Us

If there are any questions regarding this privacy policy you may contact us via email: hello@brainner.ai or reach our Data Protection Officer (DPO) at guillermo@brainner.ai.

Brainner, Inc., 3 Germay Drive Unit 4 #5187 Wilmington, DE 19804 US